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Drunk Driving·· It seems to be full responsibility.
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License plate number, remember? Call the police, go to the hospital and have a good check-up, the driver will give you medical bills, (*hehe......Uncle police will treat him well.
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Legal Analysis: Whoever bears criminal responsibility for a hit-and-run accident caused by a drunk driver, violates traffic and transportation management regulations, and thus causes a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
Legal basis: Article 101 of the Road Traffic Safety Law of the People's Republic of China If a major traffic accident occurs in violation of the provisions of road traffic safety laws and regulations, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and the motor vehicle driver's license shall be revoked by the traffic management department of the public security organ.
If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.
Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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1. How to punish drunk driving and hitting and escaping.
Article 133 of the Criminal Law of the People's Republic of China stipulates that a person who violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Where a traffic accident hits and then escapes, or there are other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention under any of the following circumstances:
1) One person is killed or three or more people are seriously injured, and the person bears full or primary responsibility for the accident;
2) If there are three or more deaths, the same responsibility for the accident shall be borne by the same person;
3) Causing direct damage to public property or other people's property, bearing full or main responsibility for the accident, and being unable to compensate for more than 300,000 yuan.
Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:
1) Driving a motor vehicle after drinking alcohol or taking drugs;
2) Driving a vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle without a license or has been scrapped;
5) Driving with serious overload;
Therefore, if a drunk driver hits and kills a person, and the owner of the car escapes, he will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
2. How is a traffic hit-and-run determined?
Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents refers to the act of fleeing after a traffic accident in order to evade legal prosecution after a traffic accident in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation.
That is, the so-called traffic hit-and-run is the act of the perpetrator who has the following circumstances in the traffic accident and flees because he escapes from legal prosecution:
1) One person is killed or three or more people are seriously injured, and the person bears full or primary responsibility for the accident;
2) If there are three or more deaths, the same responsibility for the accident shall be borne by the same person;
3) Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for an amount of more than 300,000 yuan;
4) Driving a motor vehicle after drinking or taking drugs, causing serious injury to one or more people, and bearing full or primary responsibility for the accident;
5) Driving a motor vehicle without driving qualifications and causing serious injury to more than one person, and bearing full or primary responsibility for the accident;
6) Driving a motor vehicle with incomplete safety devices or malfunctioning safety parts, causing serious injury to one or more persons, and bearing full or primary responsibility for the accident;
7) Knowingly driving a motor vehicle without a license or scrapped and causing serious injury to more than one person, and bearing full or primary responsibility for the accident.
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Legal analysis: The act of driving drunk and hitting a person is very likely to constitute the crime of causing a traffic accident, and in this case, the perpetrator should be investigated for criminal responsibility in accordance with the provisions of the criminal law. If there is an escape circumstance, it means that the perpetrator will be more responsible.
Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death to a person or causes major losses to public or private property, is to be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. Article 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine:
1) Chasing and racing, where the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety. Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.
Article 133-2 Whoever uses violence or preempts control of a driver of a moving public transport vehicle, interfering with the normal operation of the public transport and endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine. Where the drivers provided for in the preceding paragraph violently abandon their duties on public transportation without authorization, and fight or assault others with others, endangering public safety, they shall be punished in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.
Millions of car purchase subsidies.
The consequences are serious, and I will say two.
1. Permanent revocation of driver's license. >>>More
Whoever violates traffic and transportation regulations in accordance with Article 133 of the Criminal Law of the People's Republic of China, thereby causing a major accident that causes serious injury or death to a person or causes major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention. >>>More
Drunk driving precautions are as follows:
1. Extensive publicity and education to build the first line of defense >>>More
1. "Does his family (brothers and sisters, all of whom have separated) need to bear legal responsibility?" ”: >>>More
If a drunk driver escapes in a traffic accident, if no serious consequences are caused, it is sufficient to compensate the victim for his losses in accordance with the law, and he does not need to bear criminal responsibility. >>>More